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Home My WebLink About12-144 �� 1 2K�69684 SANDY WEGMAN RECORDER - KANE COUNTY, IL State of Illinois II-2-0 m County of Kane) City of Elgin ) Recording Information CERTIFICATE OF CITY CLERK 1, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 12-144 RESOLUTION AUTHORIZING EXECUTION OF GRANT OF EASEMENT FOR SANITARY SEWER AND WATER SERVICE SHUT OFF BOX PURPOSES FROM MCDONALDS CORPORATION (1165 N.McLean Boulevard) adopted by the Elgin City Council at its legally convened meeting held on September 26, 2012. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Ci a said City in the County and State aforesaid this October 5, 2012. d Fw Kimberly ewis, City Clerk This in nt prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 12-144 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR SANITARY SEWER AND WATER SERVICE SHUT-OFF BOX PURPOSES FROM MCDONALD'S CORPORATION (1165 N. McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant of easement for sanitary sewer and water service shut-off box purposes from McDonald's Corporation for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easement to be recorded in the office of the Recorder of Deeds of Kane County,Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk This Instrument Prepared by And Mail to After Recording: William A. Cogley City of Elgin 150 Dexter Court Elgin, IL 60120-5555 GRANT OF EASEMENT This Grant of Easement is made and entered into this 26th day ofSeptember , 20 12, by and between McDonald's Corporation , a Delaware corporation (hereinafter referred to as "Grantor") and the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City"). WITNESSETH For and in consideration of Ten Dollars ($10.00) in hand paid, the mutual undertakings as contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Grantor as the owner of the property legally described herein does hereby grant to the City, a permanent and exclusive easement to install, construct, operate, use, maintain, service, upgrade, repair or replace a sanitary sewer and a water service shut-off box and appurtenances relating thereto in the property hereinafter referred to as the "Easement Premises"as depicted in Exhibit A attached hereto and legally described as follows: Legal Description of Property: Lot 1 of Tyler Creek Plaza III Subdivision,being a subdivision in part of the East '/z of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat of said Tyler Creek Plaza III Subdivision recorded November 21", 1994 as Document No. 94K085458, in the City of Elgin, Kane County, Illinois. Legal Description for City Easement: A 10 foot wide Sanitary Sewer Easement over, across and under that part of Lot 1 in Tyler Creek Plaza III Subdivision, being a subdivision in part of the East '/2 of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat of said Tyler Creek Plaza III Subdivision recorded November 21', 1994 as Document No. 94K085458, in Kane County, Illinois; said 10.00 foot wide Easement having a center line over an existing Sanitary Sewer line being 25.35 feet North (as measured along the East line of said Lot 1) and 22.11 feet West(as measured along the South line of said Lot 1), both measured distances being from the Southeast corner of Lot 1 of aforementioned Subdivision, all in the City of Elgin, Kane County, Illinois. Legal Description for Water Shut Off Easement: Easement for Water Shut-Off Box over, across and under Lot 1 of Tyler Creek Plaza III Subdivision, being a subdivision in part of the East '/2 of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat of said Tyler Creek Plaza III Subdivision recorded November 21S`, 1994 as Document No. 94KO85458, Kane County, Illinois more particularly described as follows: Commencing at the Northeast corner of said Lot 1, thence South 00 Degrees 53 Minutes 50 Seconds East along the East line of Lot I a distance of 85.88 feet to the Point of Beginning of said Water Shut-Off Box Easement; thence South 89 Degrees 06 Minutes 10 Seconds West, a distance of 10.00 feet; thence South 00 Degrees 53 Minutes 50 Seconds East, a distance of 10.00 feet; thence North 89 Degrees 06 Minutes 10 Seconds East, a distance of 10.00 feet to the aforesaid East line of Lot l; thence North 00 Degrees 53 Minutes 50 Seconds West, along the East line of Lot 1 a distance of 10.00 feet to the Point of Beginning, all being in the City of Elgin, Kane County, Illinois. 2. That Grantor shall not construct any building, structures or other physical improvements, other than curbing and asphalt, on the Easement Premises nor undertake any other activities which unreasonably interfere with the Easement Premises and the City's intended use thereof. 3. This Grant of Easement shall be recorded by the City at Grantor's cost with the County Recorder. 4. That this agreement shall be binding on the parties hereto and their respective successors and assigns and shall run with the land. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois McDonald's Corporation, a Delaware municipal corporation corporation r By: By I M or Its Ayt rized Represent d e Attest: Atte City Clerk Its ACKNOWLEDGMENT - McDONALD'S STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I, 1"Wt 6677V R'ZO� a Notary Public in and for the county and state aforesaid, 0 HEREBY CERTIFY that as !�; 2 eAIX-o end K L and Lol4d O.: E—VI ) 6tz7L as 576AIZ0 17 of McDONALD'S Corporation, a Delaware corporation, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such authorized parties appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such authorized parties and as the free and voluntary act of said company/corporation for the uses and purposes therein set forth. Given under ruy hand and notarial seal, this -2•d day of 6yS 7— of PUI-V / f r/�-�� ,,�� -i My commission expires 6.12-16 li j Notary Public OFFIC L s& WRY NOTARY KWc--STAaRO�� Ej W car► SS*N E� GRAPHIC SCALE EXHIBIT „AJ3 PLAT OF EASEMENT (w rs]) AT:1186 N.YCI$AN BLVD.,ZWO.BJINOIS GRANTING TO THE CITY OF ELGIN, SANE COUNTY, ILLINOIS N A1NNN TAa,nm wa,MAY].�,«.,...mTw w. A. w"°°:caa'x+wws1p1w:''O] o�.,a1wa No wow w�v�mwm n.W.M.raA wAn'T13H�am,«.�w':.i to'n s rswc Ton JwW w wain w ru,a,0 wwa ""' wsrNri w mm,wa Pnw a,wwasR" 1J5 or area]wrasvTE sau,H u1e a moo EANN now 8 I 11*DNANT D<EASEMENT PEN DM,No.18.13913- — g � I I _--� —I----•-1------------- II 1'�rAN'a4f(,✓AJAE + a,0 R1M n' s mi..rwcwf✓Fwauw 1.,.E,w ceAa,A Grae E-own • I Y,E.aw�s,..� ,1.(M,w.a.alwata ro,K�ocmN. wAa.A..a+w�E 1. �'�"n.]s�a °Vwiw.�vn a.N,�•wrawMS Ncau,N. — T.N AA K wow s.. 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